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S4772Senate2013-2014 Session

Relates to aggravated vehicular homicide

Sponsor Patrick M. GallivanSD-59+1 co-sponsorAffects Legal
Status
In Assembly Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Assembly · Codes

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Who cares

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Sponsors

Primary sponsor
Patrick M. Gallivan

Senator · Senate District 59

Chair, Crime Victims, Crime And Correction

History

  1. Referred to codes
  2. Delivered to assembly
  3. Passed senateVote 59–0
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.902
  7. Print number 4772a
  8. Amend and recommit to codes
  9. Referred to codes
  10. Returned to senate
  11. Died in assembly
  12. Referred to codes
Show 6 earlier actions
  1. Delivered to assembly
  2. Passed senateVote 61–0
  3. Advanced to third reading
  4. 2nd report cal.
  5. 1st report cal.1160
  6. Referred to codes

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S4772A

Title of bill

An act to amend the penal law, in relation to aggravated vehicular homicide

Purpose

This bill elevates the crime of vehicular manslaughter to aggravated vehicular homicide when the person who commits vehicular manslaughter has already been convicted of driving under the influence 3 previous times.

Summary of provisions

Section 1 states that the act shall be known as "Jocelyn's Law."

Section 2 amends section 125.14 of the penal law to include 3 previous convictions of driving while under the influence as a factor to increase the crime of vehicular manslaughter to aggravated vehicular homicide.

Section 3 sets the effective date as the first of November next succeeding the date on which it shall have become law.

Justification

Jocelyn Elberson, 25, and Sheila Felton, 81, were killed when a man lost control of his motorcycle while driving under the influence. The man operating the motorcycle had 4 DWI arrests in New York, a DWI in Florida, and another in Ohio. While one previous conviction is enough to raise the crime of vehicular manslaughter in the second degree to vehicular manslaughter in the first degree, there is no additional sentencing enhancement for those individuals who serially operate motor vehicles while under the influence. This bill creates increased penalties for those individuals who serially operate motor vehicles under the influence when such action causes the death of others.

Legislative history

New bill.

Fiscal implications

None to the state

Effective date

First of November next succeeding the date on which it shall have become law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.